Guest Won’t Leave House Florida

Unlawful Detainer

GUEST WON’T LEAVE HOUSE FLORIDA

Are you a Palm Beach County Florida homeowner involved in a situation where you have an invited guest that has overstayed there welcome and will not leave your Palm Beach County Florida home? Do you own a home in Palm Beach County Florida and have had a recent break-up with a girlfriend or boyfriend and they refuse to leave? Has a family member refused to leave? Unfortunately, many of our clients undergo these common types of everyday issues. The most typical questions we get in this area are:

1. What are my options; and
2. Can I lock them out?

The most common question a knowledgeable Unlawful Detainer Attorney should ask first  is if there is a Landlord-Tenant relationship. In simple terms, was there ever an exchange of money or rent for living? If no, in most cases, depending on a few factors which an experienced Unlawful Detainer Attorney will point out, will most likely take the situation outside of an Eviction or Ejectment and into the category of an Unlawful Detainer.

An Unlawful Detainer in Florida is a lawsuit that is filed requesting another person be ordered to leave your property by the Court. Although similar to an Eviction proceeding, there is NO Landlord-Tenant relationship between the parties. For example, there is no agreement to pay rent, either verbal or in writing. If there is an agreement to pay rent, an Eviction lawsuit should be considered.

In Florida, an Unlawful Detainer is filed in County Court pursuant to Florida Statute Chapter 82 and the owner of the property is entitled to a summary procedure which is a shortened time-frame for the lawsuit proceeding. Therefore, all defenses of law or fact shall be contained in the defendant’s answer which shall be filed within 5 days after service of process. As for if you can lock out the person? The Answer is NO. We will address this issue and the consequences in an upcoming blog.

The experienced and knowledgeable Unlawful Detainer Attorneys at The Law Office of Ryan S. Shipp, PLLC are here to help you with all of your Unlawful Detainer, Eviction, and Ejectment needs. Call us today @ (561) 699-0399 or set-up an appointment to visit our Lantana Florida office location.

The Law Office of Ryan S. Shipp, PLLC | 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462 | (561) 699-0399.

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Florida Wills and Subsequent Events

Changes to Florida Will
Last Will and testament Florida

What is the effect of a subsequent marriages, birth, adoption or dissolution or marriage on a Will?

Pursuant to Florida Statute 732.507, neither a subsequent marriage, birth nor adoption of descendants shall revoke the prior Will of any person.  However,  the pretermitted child or spouse (the child or spouse that was not in the picture) shall inherit regardless of the prior Will.  In addition, any provision of a Will executed by a married person that affects the spouse of that person will become void upon the divorce, or annulment.  The Will will be construed and administered as if the former spouse had died at the time of the dissolution, divorce or annulment.

This is an important distinction because the former spouse will not inherit under the Will of their former spouse.  The former spouse will be considered deceased upon the dissolution of marriage.  It is important to execute a new Florida Will each and every time a life-changing event occurs in ones life in order to keep your estate planning documents in order and current.  Although Florida Law lays out what happens in all scenarios, it is important to change the documents for peace of mind.

We recommend that all residents of Florida have an experienced attorney review their Will to ensure that it complies with the laws of the State of Florida.  We always recommend hiring a Boynton Beach Estate Planning Attorney.  The experienced and knowledgeable Boynton Beach Estate Planning Attorneys at The Law Office of Ryan S. Shipp, PLLC are here to help with all aspects of Florida Estate Planning.  We serve Broward, Miami-Dade, and Palm Beach.

Contact us today @ (561) 699-0399 to set-up an appointment to visit our Lantana, Florida Office location, 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462 or visit us on the web @ shipplawoffice.com

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Out of State Wills Valid in Florida?

Florida Wills
Florida Wills

Are out of State Wills valid in Florida? Florida Statute Section 732.502(2) states that any will, other than a holographic or nuncupative will, executed by a nonresident of Florida is valid as a will in Florida under the laws of the state or country where the will was executed.

For example, a Will executed pursuant to the laws of the State of New York will be valid in Florida.  This is extremely important for snowbirds who travel to the State of Florida for six (6) months every winter.

As a background, a holographic will is a will that is handwritten by the testator without any witnesses.  In addition, a nuncupative will is a will that is made verbally in the presence of witnesses.  No matter where a holographic or nuncupative will is executed, they are not valid in Florida.

We recommend that all residents of Florida have an experienced attorney review their Will to ensure that it complies with the laws of the State of Florida.  We always recommend hiring a Boynton Beach Estate Planning Attorney.  The experienced and knowledgeable Boynton Beach Estate Planning Attorneys at the Law Office of Ryan S. Shipp, PLLC are here to help with all aspects of Florida Estate Planning.  We serve Broward, Miami-Dade, and Palm Beach counties.

Call us today @ (561) 699-0399 to set-up an appointment to speak with a Boynton Beach Estate Planning Attorney.

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Florida Valid Will Requirements 

Wills Attorney
Last Will and Testament Florida Requirements

The execution of a Will in Florida is procedural and very specific.  If the requirements are not met, the Will be be found invalid. We always recommend hiring a competent Boynton Beach Estate Planning Attorney.  Pursuant to Florida Statute 732.502, every Will executed in Florida must be in writing and executed as follows:  

(1) the testator must sign the Will at the end; OR

(2) the testator’s name must be subscribed at the end of the Will by some other person in the testator’s presence and by the testator’s direction.  

The two attesting witnesses must witness the testator’s signature or acknowledgment that he or she has previously signed the Will or that another person has subscribed the testator’s name to it.  In addition, the attesting witnesses must sign the will in the presence of the tester and in the presence of each other.

 Florida is not specific on the form of words that are used to make a Will however it must be followed precisely as described above.

Is it time for you to have your Florida Will drafted? Are you in Palm Beach County and need a Boynton Beach Estate Planning Attorney?  The experienced and knowledgeable Boynton Beach Estate Planning Attorney‘s at the Law Office of Ryan S. Shipp, PLLC are here to help with all aspects of Florida Estate Planning.  We serve Broward, Miami-Dade, and Palm Beach Counties.

Contact us today @ (561) 699-0399 to set-up an appointment to visit our Lantana Florida Office location, 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462 or visit us on the web @ shipplawoffice.com

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